RAM LAKHAN PRASAD SINGH Vs. BULAK PRASAD

JUDGEMENT

(1.) THE defendant no. 2 has filed this First Appeal against the judgment and decree dated 11.09.1972 passed by the learned 1st Additional Subordinate Judge, Biharsharif in Title Suit No. 17 of 1967/26 of 1971 decreeing the plaintiff -respondent's suit for partition to the extent of half share.

(2.) THE plaintiffs -respondents filed the aforesaid suit for partition claiming 8 Annas in the properties described in the schedule of the plaint. According to the plaintiffs, Balkishun Mahton had two sons namely Teja Mahton and Than Singh Mahton. Teja Mahton had three sons namely Ganpat Mahton @ Munshi Mahton, Pokhi Mahton @ Chhotu Mahton and Bhagwat Mahton.

(3.) THE defendant no. 2 filed separate contesting written statement. Defendant nos. 3 and 4 also filed separate written statements. Their defence is in the same line. According to the defendant no. 2, the genealogy given by the plaintiffs is admitted. They denied the jointness between the parties. According to them, there had already been private partition between Ganpat Mahton @ Munshi Mahton and Bhagwat Mahton 20 -21 years ago. In that partition, Ganpat Mahton had allotted 17.91 acres Bakast land and Gairmajarua Malik land according to his desire. He was also allotted house standing on 12 decimals of land out of 46 decimals. Since after this partition, Bhagwat Mahton was living separately in mess, house and cultivation, the jamabandi was also separated in his name. The defendant no. 1 has set up Bhagwat Mahton to file this suit. The defendant no. 3 in her written statement stated that she has already gifted her share to defendant no. 2 in 1961 by registered gift deed dated 01.11.1969. Defendant no. 4 also stated in the written statement that she has sold a portion of her share to her brother who is defendant no. 2 by registered sale deed dated 13.10.1969. Although, widow of Pokhi had filed separate written statement but on her death, her daughters neither appeared nor contested the plaintiffs suit.